FPPC considers fine for former Alejo campaign manager

California's political watchdog agency is poised to levy a $6,500 fine against a former campaign manager for Assemblyman Luis Alejo and an independent committee that supported Latino candidates in 2010.

The Fair Political Practices Commission will consider approving the proposed settlement with Joaquin Ross and Voters for a New California at its Thursday meeting in Sacramento.

The agency says two violations of campaign finance rules stemmed from dual roles Ross had in May 2010.

Ross was campaign manager for Alejo, a Watsonville Democrat then seeking an Assembly seat for the first time, and a principal officer for the independent committee, according to a commission document.

Under state campaign finance law, candidates can't coordinate with independent committees about its expenditures on their behalf or the expenses will be considered contributions to the candidate. That relation is presumed when a committee and candidate share an agent who advises the candidate.

In mid-May 2010, Ross approved the committee's spending for three mass mailings in support of Alejo, who was in a key three-way Democratic primary contest in his Democrat-leaning district.

The mailings cost about $28,892, which exceeded the candidate contribution limit of $3,900. Ross allegedly knew the mailings exceeded the contribution limit but failed to stop them, the FPPC documents says.

In addition to Ross' dual role, the FPPC turned up various communications among Alejo; Assemblyman Tony Mendoza, whose chief of staff operated Voters for a New California; and committee officials Ross and Mendoza's chief of staff.

Another violation came in May when the committee falsely reported the cost of mailings as an independent expenditure rather than a contribution to Alejo's campaign, the FPPC document says.

Efforts to reach Ross, the son of longtime Democratic campaign consultant Richie Ross, by telephone on Tuesday were unsuccessful.

Alejo said in a statement: "I trust the FPPC's investigation was thorough and their judgment will be just. I had no knowledge of the action taken by the Voters for a New California independent expenditure committee."

Alejo added, "I always have and will continue to exercise independent judgment and do what is in the best interest for the Central Coast."

The maximum penalty for the two violations would be $10,000. The proposed $6,500 penalty is characterized as "somewhat higher" than other similar cases in the FPPC document. But the penalty is warranted by the large amount over the candidate contribution limit and by Ross' failure to stop the mailings after realizing the mistake, the document says.

Also Thursday, the FPPC will consider a settlement and $200 fine with former Republican Assembly candidate Robert Bernosky, who ran against Alejo in 2010 and in 2012.